Patna High Court
Hemlata Kumari @ Hemlata Devi @ Kumari HemlataversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
Holding
The court ordered that the petitioner be released on regular bail upon furnishing a bail bond of Rs.10,000 with two sureties of the same amount.
Summary
Hemlata Kumari, a woman resident of Muzaffarpur, applied for regular bail in a murder case (Sessions Trial No.595 of 2025) arising from PS Sadar Case No.833 of 2024, filed under sections 103(1), 109 and 3(5) of the Bharatiya Nyaya Sanhita, 2023. The prosecution alleged that she ordered co‑accused Amar Kumar to fire a pistol, resulting in the deaths of Rohit Kumar and Janki Devi, and linked her to illegal liquor and drug activities. The petitioner contended that she was falsely implicated, had no criminal antecedent, and had been in custody since 29‑April‑2025 with the charge‑sheet already filed. The State opposed bail. Considering the nature of the allegation, the petitioner’s role as an alleged order‑giver, the prolonged pre‑trial detention, lack of prior record, and the filing of the charge‑sheet, the court granted regular bail on a bond of Rs.10,000 with two sureties of equal amount.
Issues considered
- What is the appropriateness of granting regular bail to the petitioner accused as an order‑giver in a murder case under the Bharatiya Nyaya Sanhita?
- Does the petitioner’s prolonged pre‑trial custody, lack of criminal antecedent, and the filing of the charge‑sheet justify bail?
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 103(1), 109, 3(5)
Subjects
- regular bail
- murder
- order giver
- women accused
- Bharatiya Nyaya Sanhita
- sections 103(1) 109 3(5)
- pre‑trial detention
- charge‑sheet
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.880 of 2026
Arising Out of PS. Case No.-833 Year-2024 Thana- MUZAFFARPUR SADAR District-
Muzaffarpur
======================================================
Hemlata Kumari @ Hemlata Devi @ Kumari Hemlata W/o Binod Sah
Resident of Village- Patahi Hari, PS- Sadar, Distt.- Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Subodh Kumar, Advocate
For the Opposite Party/s : Mr. Yogendra Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
2 15-01-2026 1. Heard learned counsel for the parties.
2. The petitioner has preferred this application for
grant of regular bail in connection with Sessions Trial no.595 of
2025 (arising out of Sadar P.S. Case no.833 of 2024) registered
under sections 103(1), 109 and 3(5) of the Bharatiya Nyaya
Sanhita, 2023.
3. As per the prosecution case, the informant states
that on the orders of the petitioner, co-accused Amar Kumar
resorted to firing with a pistol provided by co-accused Binod
Sah as a result of which Rohit Kumar died. It is further stated
that on the orders of Dashrath Sah, the accused also fired upon
Janki Devi who also died. The informant further states that the
occurrence has taken place for the reason that Binod Sah and the
Patna High Court CR. MISC. No.880 of 2026(2) dt.15-01-2026
2/3
petitioner are involved in illegal activities of sale of liquor and
drugs which was opposed to by the informant.
4. Learned counsel for the petitioner submits that the
petitioner who happens to be a lady has been falsely implicated
in the case. Accepting the allegations levelled in the FIR for the
sake of argument, the petitioner is described to be an order
giver. The overt act of firing is alleged against co-accused Amar
Kumar. The allegation of the petitioner being involved in illegal
activities are false and incorrect. The petitioner has no criminal
antecedent. She is in custody since 29.4.2025 and chargesheet
has been submitted in the case.
5. The application for bail is opposed by learned A.P.P.
for the State.
6. Having heard learned counsel for the parties and
taking into consideration the nature of allegation against the
petitioner, the petitioner who happens to be a lady has been
alleged to be an order giver, the allegation of firing being on a
co-accused, the petitioner having remained in custody for more
than 8 months since 29.4.2025 and having no criminal
antecedent together with chargesheet having been submitted in
the case, the Court directs the petitioner to be enlarged on bail in
connection with Sessions Trial no.595 of 2025 (arising out of
Patna High Court CR. MISC. No.880 of 2026(2) dt.15-01-2026
3/3
Sadar P.S. Case no.833 of 2024) on furnishing bail bond of
Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like
amount each to the satisfaction of the learned District and
Additional Sessions Judge 5th, Muzaffarpur.
(Partha Sarthy, J)
Saurabh/-
U T
Checking your session…